NOV  . 
GIF? 


REGULATIONS 


GOVERNING 


THE  EXECUTION  OF  LAES  OF 
INDIAN  ALLOTMENTS 


ON  THE 


UMATILLA  RESERVATION 
IN  OREGON 


APPROVED  BY  THE  SECRETARY  OF  THE  INTERIOR 


SEPTEMBER  15,  1909 


WASHINGTON 

GOVERNMENT   PRINTING   OFFICE 

1909 


REGULATIONS  GOVERNING  IN  THE  EXECUTION  OF  LEASES  OF  INDIAN  ALLOT 
MENTS  ON  THE  UMATILLA  RESERVATION  IN  OREGON. 

I.    GENERAL,  POLICIES. 

1.  The  mere  leasing  of  lands  of  allottees  for  the  highest  price  obtain 
able  is  not  the  prime  purpose  of  the  Government  in  maintaining  a 
leasing  system.  * 

2.  The  highest  object  to  be  attained  is  the  upbuilding  of  the  Indian 
population  by  bringing  among  them  good  farmers,  with  their  families, 
their  civilized  customs,  and  the  object  lessons  of  upright  daily  life. 

3.  To  this  must  be  added  improvements  made  on  the  allotments,  the 
benefit  to  the  community  at  large  by  converting  vast  idle  or  waste 
areas  into  producing   territory,  and  eventually  the  introduction  of 
public  schools  and  other  civilizing  agencies. 

4.  As  a  matter  of  good  government,  and  to  protect  the  rights  of 
dependent  allottees,  it  is  an  obligation  on  the  part  of  the  Government 
to  see  that  the  Indians  get  full  market  value  for  the  use  of  their  lands. 

5.  It  is  also  an  obligation  to  break  up  or  repress  all  dishonest  or 
fraudulent  practices,  so  far  as  can  be,  keep  the  debt  habit  down  to  the 
minimum,  and,  in  short,  repress  whatever  would  operate  against  the 
upbuilding  of  the  allottees  or  lead  them  into  corrupt  or    dishonest 
practices. 

6.  It  is  the  purpose  to  bring  about  such  degree  of  stability  in  all 
matters  affecting  leasing  that  men  with  sufficient  means  and  of  good 
character  will  find  life  among  the  Indians  reasonably  agreeable,  and 
that  permanency  of  tenure  will  result. 

II.  REGISTER   OF   LESSEES. 

1.  A  register  of  acceptable  lessees  will  be  maintained  at  the  agency 
office,  showing  who  will  be  permitted  to  lease  Indian  lands  and  the 
amount  permitted  each  under  the  schedule  appearing  later. 

'2.  This  register  should  include  all  present  lessees  in  good  standing, 
and  to  be  added  to  later  by  the  names  of  such  applicants  as  may  seek 
such  privilege  and  who  shall  be  found  acceptable.  A  preference  right 
of  present  tenants  (holders  of  expiring  leases)  will  be  recognized  to 
the  extent  set  forth  in  the  rules  governing  leasing  and  no  further. 

3.  Only  men  of  good  moral  standing,  of  approved  business  integrity, 
and  with  adequate  financial  backing  to  insure  their  ability  to  carry 
out  their  undertakings  will  be  acceptable.      Habitual  drunkards  or 
gamblers  will  not  be  given  registration. 

4.  Only  actual  farmers,  who  will  personally  conduct  the  operations 
under  their  contracts,  will  be  regarded  as  eligible.    Minors  and  married 
women  will  not  be  registered. 

5.  Widows  with  minor  sons  old  enough  to  do  actual  farming  and 
who  are  now  leasing  satisfactorily,  or  who  may  be  left  widows  during 
the  lifetime  of  leases  made  to  their  husbands,  may  continue  on  the 
same  terms  as  men. 

(3) 


6.  As  a  condition  to  the  registration  of  lessees  now  on  the  reserva 
tion  each  such  lessee  will  be  required  to  furnish  the  superintendent 
with  a  list  of  all  informal  leases  of  lands  belonging  to  Indians,  which 
informal  leases  must  be  included  in  the  total  amount  allowed  the  lessee. 
This  need  not  include  lands  which  have  passed  from  Indian  ownership. 

7.  While  the  wishes  of  the  Indians  will  be  considered  to  some  ex 
tent,  the  Government,  acting  through  the  superintendent  in  charge, 
reserves  the  sole  right  to  determine  who  is  entitled  to  registration. 

8.  The  registration  of  any  lessee  shall  be  canceled  in  case  he  fails  to 
enter  into  contract  on  any  bid  awarded  him  or  provide  suret}T  there 
for,  or  forfeits  through  nonpayment  of  rents,  abandonment,  etc.     It 
may  be  canceled  for  conduct  incompatible  with  reservation  life,  con 
tinuous  discord,  poor  farming,   etc.     The  superintendent  shall  hear 
and  determine  complaints  in  all  such  cases,  but  appeal  may  be  taken  to 
the  Indian  Office. 

9.  Indians  farming  for  themselves  may  lease  lands  of  other  Indians 
on  the  same  terms  as  white  lessees. 

III.  ACREAGE  ALLOWANCE. 

1.  A  married  man  with  family,  which  family  actually  resides  on  the 
lands  under  lease  the  entire  year,  shall  be  limited  to  800  acres  under 
lease.     To  encourage  lessees  of  this  class,  provision  is  made  under  rules 
governing  leasing  for  four-year  leases,  if  the  lease  contract  shall  include 
buildings  of  good  character. 

2.  A  married  man  with  family,  who  may  live  on  deeded  land  on  the 
reservation,  shall  be  limited  to  640  acres. 

3.  A  married  man,  whose  family  actually  resides  on  the  reservation 
during  the  active  work  season  only,  shall  be  limited  to  640  acres. 

4.  A    married   man,    not   living   on    the    reservation   but    on    the 
immediate  border,  near  enough  to  permit  of  farming  reservation  lands 
with  convenience,  shall  be  limited  to  320  acres. 

5.  Single  men  are  not  to  be  regarded  as  eligible  lessees,  but  in  case 
a  single  man  has  a  home  on  the  reservation  (as  in  case  his  father  is  a 
lessee)  he  may  lease  for  himself  not  to  exceed  320  acres. 

6.  The  major  portion  of  the  land  operated  by  each  lessee  should  be 
near  enough  his  actual  place  of  residence  to  permit  its  being  worked 
therefrom.     The  use  of  temporary  headquarters  or  "cook  cars"  will 
be  permitted  only  to  enable  lessees  to  complete  the  amount  allowed 
them  in  case  the  full  allowance  can  not  be  secured  otherwise. 

7.  In  event  any  allotment  proposed  for  lease  should  include  waste 
lands  unfit  for  cultivation,  but  useful  for  pasture,  it  should  be  included 
in  the  lease,  but  shall  not  be  counted  against  the  acreage  allowance. 

8.  Nothing  in  the  foregoing  shall  be  construed  to  mean  that  the 
Government  is  in  any  way  obligated  to  see  that  lessees  get  the  full 
amount  of  land  allowed  under  this  schedule. 

IV.  RULES  COVERING  LEASING. 

1.  Leases  shall  be  written  to  begin  October  1,  and  run,  ordinarily, 
two  years. 

2.  About  May  1  of  each  year  all  leases  expiring  September  30  next 
shall  be  listed  in  the  agenc}^  office,  each  tract  on  a  sheet  to  itself. 
This  sheet  shall  bear  the  name  of  the  allottee,  name  of  present  lessee, 


description  of  the  land,  and  a  brief  of  the  requirements,  improve 
ments  to  be  made,  stipulations  as  to  straw,  pasturage,  etc.,  or  any 
privilege  retained  by  the  allottee.  These  lists  shall  at  all  times  be 
open  to  inspection  of  the  public. 

3.  In  case  the  present  lessee  desires  to  lease  the  land  another  term 
he  shall,  not  later  than  May  20  following,  submit  in  writing  his  prop 
osition,  stating  the  rental  he  will  give,  improvements  to  be  made,  etc. 
If  he  fails  to  submit  a  bona  tide  bid  by  such  date  he  loses  his  prefer 
ence  right,  and  will  not  be  permitted  to  take  the  land  another  term 
at  the   highest   bid  offered.      All  such  bids  should  be  immediately 
posted  on  the  sheet  where  such  land  is  listed,  and  the  sheet  left  up  for 
inspection. 

4.  Any  other  person  desiring  to   lease  such  tract  may  submit  in 
writing  his  bid,  not  later  than  June  1,  in  similar  manner  as  above, 
but  no  such  bid  will  be  considered  unless  that  of  the  present  lessee  is 
raised  at  least  10  per  cent  in  rate  or  amount,  the  rental  valuation  to 
include  improvements  in  ascertaining  the  rate  of  amount. 

5.  On  June  1  all  receiving  of  bids  will  close,  and  the  present  lessee 
will  then  be  required  to  raise  his  bid  to  equal  the  highest  bid  made  on 
any  tract  bid  on  by  him  or  lose  his  preference  right  thereto. 

6.  The  acceptance  of  the  bids  by  the  allottees  will  be  taken  by  the 
superintendent,  and  if  rejected  the  bidder  will  be  notified  at  once. 

7.  If  any  allottee  objects  to  his  tenant  these  objections  should  be 
made  to  the  superintendent  before  the  lands  are  listed,  the  case  heard 
and  determined,  and  the  lessee  notified  of  the  finding  before  bids  are 
called  for.     Reasonable  objections  by  the  allottee  will  work  a  for 
feiture  of  preference  right,  especially  where  the  allottee  and  lessee 
reside  on  the  same  lands,  and  discord  prevails.     This  need  not  black 
list  the  lessee  as  to  lands  of  other  allottees,  unless  his  conduct  should 
be  such  as  to  cause  his  registration  to  be  canceled. 

8.  Under  the  manner  of  farming  in  this  locality — the  summer-fallow 
plan — it  may  occur  that  change  of  tenants  will  result  where  plowing 
or  other  farm  work  may  have  been  done  in  preparation  of  the  next 
crop.     If  this  work  has  been  done  in  conformity  with  well-established 
custom,  the  new  tenant  will  be  required  to  pay  the  outgoing  tenant 
for  such  work  at  the  established  rate  for  relinquishments,  transfers, 
etc.,  and  refusal  to  do  so  will  work  a  forfeiture  of  his  bid. 

9.  The  custom  somewhat  prevailing  in  the  past  that  where  land 
changes  tenants  the  incoming  tenant  is  expected  to  take  over  the  teams, 
implements,  etc.,  of  the  outgoing  tenant,  is  hereby  disclaimed,  and 
the  Government  will  take  no  cognizance  thereof. 

10.  It  is  the  purpose  of  the  Government  to  secure  as  many  improve 
ments  of  a  permanent  character  on  the  allotments  through  the  system 
of  leasing  as  posvsible.     Lessees  will  be  expected  to  cooperate  to  such 
end,  and  in  case  buildings  of  expensive  character  are  incorporated  in 
the  lease,  such  lease  may  be  written  for  double  period — four  years. 

11.  That  feature  of  the  foregoing  rules  relative  to  bidding  on  lands 
to  be  leased  will  not  go  into  effect  until  the  spring  of  1910. 

V.  TRANSFERS,  RELINQUISHMENTS,  FORFEITURES,  ETC. 

1.  Past  experience  has  demonstrated  a  tendency  to  speculate  in 
leases  through  transfers  to  other  parties,  relinquishmonts.  etc.  As 
this  has  been  allowed  to  carry  a  preference  right,  to  some  extent,  it 


6 

has  enabled  lessees  to  sell  their  work  or  growing-  crops  for  more  than 
the  purchaser  could  reasonably  expect  to  realize  from  the  first  crop. 
This  means  the  lessee  selling  a  preference  right  on  the  reservation. 

2.  A  schedule  of  prices  covering  work  done  by  lessees,  such  as 
plowing,  cultivating,  seeding,  etc.,  will  be  kept  in  the  office  as  a  basis 
of  adjustment  in  case  a  lessee,  for  any  reason,  gives   up  his  lease 
before  its  expiration.     It  will  be  the  intention  to  so  adjust  this  schedule 
as  to  do  justice  to  the  lessee  giving  up  his  lease,  but  not  to  permit 
speculation. 

3.  Any  lessee  desiring  to  give  up  his  lease  before  its  expiration 
will  be  required  to  accept  settlement  for  work  done  under  the  fore 
going  schedule.     The  allottee  will  have  the  first  right  to  take  it  over 
under  the  schedule,  but  in  case  he  fails  to  do  so  it  will  be  offered  as 
are  other  lands  to  be  leased,  the  successful  bidder  to  pay  the  former 
lessee  the  amount  allowed  under  the  schedule  for  work  done. 

4.  Similar  procedure  will  govern  in  case  a  lessee  forfeits  through 
nonpayments,  or  abandons  his  lease,  the  rights  of  the  bondsmen  being 
fully  protected.     In  case  it  should  be  necessar}^  for  the  bondsmen  to 
proceed  with  the  lease  to  protect  themselves,  no  preference  right  will 
be  secured  thereby  in  the  matter  of  future  leasing  of  such  tracts. 

VI.  DEALINGS  WITH  INDIANS. 

1.  To  prevent  discord,  abuse  of  privileges,  etc.,  the  Government 
must  exercise  the  right  to  supervise  all  business  transactions  between 
the  lessees  and  Indians. 

2.  Lessees  shall  be  permitted  to  transact  business  with  the  Indians 
in  general,  for  cash  or  its  equivalent,  and  on  a  fair  and  honest  basis, 
and  to  extend  or  accept  acts  of  kindness  in  a  neighborly  way,  but  are 
prohibited  incurring  indebtedness  from  Indians  to  them.     They  are 
also  prohibited  paying  any  portions  of  the  rentals  to  the  Indians  direct, 
or  incurring  indebtedness  against  such.     Continued  violation  hereof 
will  be  considered  sufficient  to  cancel  the  registration  of  the  offender. 

3.  Lessees  may  perform  work  for  Indians,  including  building  work, 
plowing,  seeding,  harvesting  grain,  etc.,  but  no  right  to  a  portion  of 
the  crop  shall  be  incurred  thereby.     To  prevent  abuse  or  criticism  it 
will  be  the  duty  of  any  lessee  to  secure  approval  of  the  superintendent 
before  beginning  any  such  undertaking. 

4.  The  approval  of  the  superintendent  should  likewise  be  secured 
before  closing  deals  in  matters  of  any  such  value,  such  as  sales  of 
horses,  outfits,  etc. 

5.  The  old  custom  of  getting  allottees  in  debt  to  secure  advantage 
in  leasing  his  lands  is  absolutely  forbidden,  and  violation  hereof  will 
cause  all  bids  of  the  offender  to  be  rejected   and   his   registration 
canceled. 

6.  It  is  recognized  that  in  case  of  the  old  or  the  sick,  lessees  are 
often  importuned  excessively  to  extend  credit,  furnish  supplies,  etc. 
Nothing  in  the  above  shall  be  construed  to  prohibit  acts  of  kindness 
or  the  relief  of  the  sick,  but  no  advantage  is  to  be  secured  in  leasing 
thereby,  nor  is  the  Government  to  be  held  for  any  such  indebtedness. 
In  case  of  relief  through  exigency  nothing  herein  shall  prevent  claims 
being  submitted  to  the  superintendent  for  adjustment. 

7.  So  far  as  can  be  the  Government  will  try  to  keep  a  competent 
interpreter  at  the  office  for  the  free  use  of  all  whites  and  Indians 


doing  business  there.  The  use  of  other  interpreters  will  not  be  pro 
hibited,  but  if  lessees  emplo\T  interpreters  to  assist  them  they  will  be 
required  to  limit  the  pay  to  ordinary  rates  and  for  time  employed 
only.  The  paj^ment  of  commissions  %  lessees  to  anyone  for  the  pur 
pose  of  securing  leases  will  subject  such  lessee  to  cancellation  of  his 
registration  if  the  offense  seems  to  demand  such. 

Respectfully  submitted  to  the  Secretary  of  the  Interior  recommend 
ing  approval. 

R.  G.  VALENTINE, 
Commissioner  of  Indian  Affairs. 

WASHINGTON,  D.  C.,  September  h  1909. 

Approved  as  recommended. 

FRANK  PIERCE, 

First  Assistant  Secretary  of  the  Interior. 
SEPTEMBER  15,  1909. 

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GENERAL  LIBRARY  -U.C.  BERKELEY 


BDODTS3377 


